HB3528 103RD GENERAL ASSEMBLY

LRB103 29617 RLC 56013 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3528

Introduced 2/17/2023, by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

430 ILCS 67/5

Amends the Firearms Restraining Order Act. Includes in the definition of "petitioner" under the Act any of the following health care professionals who have treated the person against whom the order is sought in the 6 months immediately preceding the filing of the petition: (1) a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987; (2) a psychiatrist as defined in the Mental Health and Developmental Disabilities Code; (3) a clinical psychologist licensed under the Clinical Psychologist Licensing Act; (4) a licensed clinical social worker licensed under the Clinical Social Work and Social Work Practice Act; (5) an advanced practice registered nurse, nationally certified as a mental health or psychiatric nurse practitioner and licensed under the Nurse Practice Act; or (6) a licensed marriage and family therapist licensed under the Marriage and Family Therapy Licensing Act.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearms Restraining Order Act is amended by changing Section 5 as follows:

(430 ILCS 67/5)

Sec. 5. Definitions. As used in this Act:

"Family member of the respondent" means a spouse, former spouse, person with whom the respondent has a minor child in common, parent, child, or step-child of the respondent, any other person related by blood or present marriage to the respondent, or a person who shares a common dwelling with the respondent.

"Firearms restraining order" means an order issued by the court, prohibiting and enjoining a named person from having in his or her custody or control, purchasing, possessing, or receiving any firearms or ammunition, or removing firearm parts that could be assembled to make an operable firearm.

"Intimate partner" means a spouse, former spouse, a person with whom the respondent has or allegedly has a child in common, or a person with whom the respondent has or has had a dating or engagement relationship.

"Petitioner" means:

(1) a family member of the respondent as defined in this Act; or

(2) a law enforcement officer who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm or removing firearm parts that could be assembled to make an operable firearm; or

(3) any of the following health care professionals who have treated the person against whom the order is sought in the 6 months immediately preceding the filing of the petition:

(A) a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987;

(B) a psychiatrist as defined in Section 1-121 of the Mental Health and Developmental Disabilities Code;

(C) a clinical psychologist licensed under the Clinical Psychologist Licensing Act;

(D) a licensed clinical social worker licensed under the Clinical Social Work and Social Work Practice Act;

(E) an advanced practice registered nurse, nationally certified as a mental health or psychiatric nurse practitioner and licensed under the Nurse Practice Act; or

(F) a licensed marriage and family therapist licensed under the Marriage and Family Therapy Licensing Act.

"Respondent" means the person alleged in the petition to pose a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm or removing firearm parts that could be assembled to make an operable firearm.

(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)